The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“THE PROMPT COMPENSATION ACT OF 2002” mentioning the U.S. Dept. of Justice was published in the Extensions of Remarks section on pages E861-E862 on May 20, 2002.
The publication is reproduced in full below:
THE PROMPT COMPENSATION ACT OF 2002
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HON. DUNCAN HUNTER
of california
in the house of representatives
Monday, May 20, 2002
Mr. HUNTER. Mr. Speaker, I wish to bring to my colleagues' attention an issue that is extremely important to all of our constituents: private property rights. We have all heard from constituents in our districts who are frustrated with the process by which the federal government provides compensation to landowners for property it obtains through condemnation proceedings. While the federal agencies obtain land for a variety of reasons, the acquisition process often takes years to complete. Though legally the property owner may develop their property during this process, realistically they are discouraged from doing so. In essence, they are being held at the federal govenmnent's whim. It is for this reason that I have introduced The Prompt Compensation Act of 2002.
Currently, the federal government has two available procedures for obtaining property. The first is ``straight condemnation,'' wherein a federal agency requests that the Justice Department file a ``complaint in compensation'' with a district court. It is the court's responsibility to ascertain the value of the land. Once the court has come to a decision, the federal government has the option of compensating the property owner with the adjudicated price or moving for dismissal. However, the landowner is compensated only if the federal government accepts the adjudicated price. While the federal government forfeits its interest in the property if they move for a dismissal, the property owner has been deprived of time, revenue, and in some cases, the overall value of their land.
The second and more expeditious procedure is commonly referred to as
``quick take.'' In this procedure, the United States assumes title of the property immediately by simply filing a ``declaration of taking'' along with the complaint in condemnation and depositing with the court an amount of money equal to the estimated value of the land. Normal protocol is then followed with the court ascertaining the value of the property and the balance being issued to the landowner.
The Prompt Compensation Act will ensure that private land holders are not held in limbo by the federal government during a land purchase. My bill will require the government to obtain land only through the
``quick take'' procedure. The Prompt Compensation Act will make a significant impact in curbing the abuses of the federal takings proceedings, while at the same time strengthening the private property rights of America's landowners. I urge my colleagues on both sides of the aisle to cosponsor this important legislation and take the power from the federal government and place it back in the hands of the private property owners.
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